Criminal Procedure Code, 1973, Section 439, 438 -- Anticipatory bail - Conditions stipulated therein - Applicability after grant of regular bail - Held, when regular bail is obtained from Magistrate after accused surrenders within prescribed period in terms of anticipatory bail granted, conditions that would bind accused thereafter are not conditions imposed in the order..........
Criminal Procedure Code, 1973, Section 300, 197 -- Sanction for prosecution - Absence of - Effect thereof - Held, in absence of sanction court had no jurisdiction to proceed in matter and take cognizance of offence - But order passed in that regard cannot lead to acquittal of accused - In essence order only operates as discharge - Subsequent filing of charge sheet against..........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- Death of plaintiff during pendency of appeal against order of maintenance - Petitioner seeking to be impleaded as L.R. on the basis of Will - Petitioner acquires legal status to represent the estate of deceased together with decree for maintenance...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court can review the evidence upon which an order of acquittal is based - Generally the order of acquittal is not interfered with because the presumption of innocence of accused is further strengthened by acquittal - If two views are possible on the evidence adduced in the case, one pointing..........
Civil Procedure Code, 1908, Order 11, Rule 14, 21 -- Non production of documents directed to be produced - Defence struck off - Held, that an order U.O.11.R.21 CPC should be passed only in extreme cases where default is wilful - Also held that order for striking off defence can be passed only if Court had earlier passed an order U.O.11.R.2 or O.11.R.12 or O.11.R.15 CPC -..........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Quashing of - I.O. had submitted the Police Report containing materials which he had collected during investigation - Magistrate on receipt of police report had considered the same judicially and being satisfied that a prima facie case is made out for offences had taken cognizance of offences - Held,..........
Criminal Procedure Code, 1973, Section 482 -- Conviction - Some of accused not challenging conviction - If on evaluation of case Court comes to conclusion that no conviction of any accused is possible, the benefit of that decision must be extended to the co-accused, similarly situated, though he has not challenged the order by way of an appeal...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Once the order decreeing the suit is set aside, all the order passed subsequent thereto and as consequence of the decree in the suit are also liable to be set aside...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Dismissal of suit as not maintainable - Order is contrary to the provision of O.12.R.6 CPC - Provision is meant for a decree of a suit where defendants make admission...........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal by informant - Maintainability - Informant has no right of appeal against an order of acquittal in a case instituted upon a police report...........
